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Patna High Court

Shivnarayan ChaudharyversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Mere institution of an FIR is not a sufficient ground to suspend a PDS licence under the Bihar Targeted Public Distribution System (Control) Order.

Summary

Shivnarayan Chaudhary filed a writ petition challenging the suspension of his Fair Price Shop licence by the Sub‑Divisional Officer, Hilsa, which was based solely on the institution of an FIR against him. The petitioner argued that an FIR alone does not justify licence suspension under the Bihar Targeted Public Distribution System (Control) Order. The Court examined the PDS (Control) Order, 2001 and Rule 7 of G.S.R. No. 1 dated 20‑02‑2007, and held that mere filing of an FIR is not a valid ground for suspension. The decision was supported by the precedent set in Umesh Ram v. State of Bihar (AIR 2014 Patna 113). Consequently, the Court set aside the SDO’s order, restored the petitioner’s supplies, and allowed the writ petition, while noting that action may be taken if the petitioner is later convicted or violates other PDS conditions.

Issues considered

  • Whether the mere institution of a First Information Report constitutes a valid ground for suspension of a Fair Price Shop licence under the Bihar Targeted Public Distribution System (Control) Order.
  • Whether the Sub‑Divisional Officer had the authority to suspend the licence on the basis of the FIR alone.
  • Whether the petitioner is entitled to restoration of supplies pending any criminal conviction.

Subjects

  • PDS licence
  • Fair Price Shop
  • FIR
  • licence suspension
  • public distribution system
  • Bihar
  • writ petition
  • administrative law

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.19438 of 2025
                 ======================================================
                 Shivnarayan Chaudhary, son of Arvind Chaudhary, resident of Village
                 Pamara, P.S. Tharthari, District Nalanda.

                                                                          ... ... Petitioner/s
                                                    Versus
           1.    The State of Bihar through the Principal Secretary Food and Civil Supply
                 Department, Govt. of Bihar, Patna.
           2.    The Principal Secretary, Food and Civil Supply Department, Govt. of Bihar,
                 Patna
           3.    The Collector Nalanda.
           4.    The Sub-Divisional Officer, Hilsa, District Nalanda.
           5.    The Block Supply Officer, Tharthari, District Nalanda.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :      Mr. Lovekush Kumar, Advocate.
                 For the Respondent/s    :      Mr. Standing Counsel (3).
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY
                                    ORAL ORDER

3   10-02-2026                   Heard learned counsel for the parties.

                                 2. The present Writ Petition has been filed for the

                   following reliefs:-

                                                    “That the instant writ application for
                                         grant of an appropriate writ for quashing the
                                         order of Sub-Divisional Officer Hilsa, District
                                         Nalanda issued under Memo No. 1183/Aa dated
                                         15.09.2025 suspending the Fair Price Shop
                                         licence No. 07/2024 EPDS Code No.
                                         122900200695 of the petitioner at Gram
                                         Panchayat Narayanpur under Tharthari Block,
                                         District Nalanda under Bihar, Targeted public
                                         Distribution System (Control) order 2026 with
                                         immediate effect.”
                                 3. Learned counsel for the petitioner submits that the
Patna High Court CWJC No.19438 of 2025(3) dt.10-02-2026
                                           2/3




          solitary ground given in the show cause notice dated 15.09.2025

          vide Memo No. 1183 for cancellation of the PDS licence of the

          petitioner was that an First Information Report (F.I.R.) bearing

          Tharthari P. S. Case No. 130 of 2025 had been instituted against

          the petitioner. Similarly, the impugned order has been passed on

          the sole ground of institution of the aforesaid FIR against the

          petitioner.

                        4. Learned counsel for the respondents appears and has

          been heard.

                        5. Having heard the parties and on consideration of the

          materials on record, this Court finds merit in the writ petition. A

          perusal of the PDS (Control) Order, 2001 read with Rule 7 of the

          notification in G.S.R. No. 1 dated 20.02.2007 makes it clear that

          mere institution of a First Information Report would not constitute

          a valid ground for suspension of the PDS licence. This view finds

          support from the decision of this Court in Umesh Ram vs. The

          State of Bihar and others, AIR 2014 Patna 113 as well.

                        6. In view of the above, the impugned order dated

          15.09.2025 passed by the Sub-Divisional Officer, Hilsa, District-

          Nalanda is set aside.

                        7. Needless to say, supplies to the petitioner shall be

          restored without delay.

                        8. It is made clear that, in case, the petitioner is
           Patna High Court CWJC No.19438 of 2025(3) dt.10-02-2026
                                                      3/3




                     subsequently convicted in the criminal case instituted against him,

                     the authorities are free to take necessary action in accordance with

                     law.

                                 9. However, this order will not preclude the authorities

                     from taking action if it is found that the petitioner has violated any

                     other condition of the provisions of the Bihar Targeted Public

                     Distribution System (Control) order strictly in accordance with

                     law.

                                 10. With the above directions, the Writ Petition stands

                     allowed to the extent indicated.



                                                         (A. Abhishek Reddy, J)
shakir/-

U


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